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N. S. SHEKHAWAT
Ashwani Kumar @ Parontha – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
N.S. Shekhawat, J.
The present appeal challenges the impugned judgment of conviction and order of sentence dated 03.12.2003 passed by the learned Special Judge, Amritsar, whereby, the present appellant was convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- alongwith default stipulation.
2. The prosecution story, as it emerges from the report under Section 173 Cr.P.C., is that on 11.03.1996, SI Kulwinder Singh alongwith other police officials was present on canal bridge in the area of village Thathgarh in connection with patrolling on a Government gypsy, he received a secret information that the accused Ashwani Kumar @ Parontha son of Badri Nath was indulged in selling smack in the area of Police Station Jhabal and on that day he was coming to that area of Thathgarh to sell smack. SI/SHO Kulwinder Singh had set up a naka and directed his companions to remain alert and after some time one person was seen coming on foot on the bank of canal and he was asked to stop by him by using the light of the to
(1) Provisions of Section 50 of NDPS Act will come into play only in case of personal search of accused - Section 50 does not cover a bag being carried by accused.(2) Search of person of accused - Wh....
The mandatory requirements under Section 50 of the NDPS Act must be strictly followed to ensure an individual's rights during searches; failure to comply renders any recovery and subsequent convictio....
The recovery of contraband from a public place does not require compliance with Section 42 of the NDPS Act, and the presumption of conscious possession under Section 54 places the burden of proof on ....
The court emphasized strict compliance with Section 50 of the NDPS Act, holding that failure to inform the accused of his right to a personal search before a Gazetted Officer or Magistrate invalidate....
Non-compliance with Section 50 of the NDPS Act during the search invalidates the recovery of contraband, leading to acquittal.
The mandatory nature of Section 50 of the NDPS Act and the importance of safeguarding the accused's rights were established in the judgment.
Mandatory compliance with Section 50 of the NDPS Act is essential for lawful searches; failure to do so renders convictions unsustainable.
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